Citation : 2026 Latest Caselaw 1693 Tri
Judgement Date : 18 March, 2026
1
HIGH COURT OF TRIPURA
AGARTALA
Crl.Rev.P.No.20 of 2026
Shri Sukhen Das (Aged 51 years)
S/o- Late Nani Gopal Das
Village- Padmadhepa, Melaghar,
PO & PS- Melaghar,
Dist.-Sepahijala, Tripura,
Pin- 799115
---- Petitioner(s)
Versus
1. The State of Tripura
2. Chhotan Saha
S/o- Lt. Priyalal Saha
Resident of Melaghar Rajghat,
PO & PS- Melaghar,
Dist.-Sepahijala.
Pin- 799115
----Respondent(s)
For Petitioner(s) : Mr. Kushal Deb, Adv, Mr. Dhrubajyoti Saha, Adv.
For Respondent(s) : Mr. Monoswaee Dey, Adv, Mr. Raju Datta, P.P.
HON'BLE MR. JUSTICE BISWAJIT PALIT Order
18.03.2026
Learned Counsel, Mr. K. Deb along with Learned
Counsel, Mr. D. Saha is present for the petitioner.
Learned Counsel for the respondent, Mr. M. Dey is
present.
Learned P.P., Mr. Raju Datta is present for the
respondent No.1.
Both the contesting parties of this revision petition
have filed one I.A. stating that the subject matter of dispute has
been amicably settled and the petitioner has satisfied the entire
defaulted amount to the respondent No.2 and as such they are not
willing to proceed further in this case.
Learned P.P. fairly submitted that in view of the
provision of Section 147 of N.I. Act, there is scope for composition
of offence punishable under the N.I. Act. The present petitioner
was convicted under Section 138 of N.I. Act and he was sentenced
to undergo S.I. for one year and to pay fine of Rs.8,50,000/-(eight
lakhs fifty thousand only) by Learned CJM, Sepahijala District,
Sonamura in connection with case No.CR (NI) 12 of 2018 which
has been affirmed in appeal by Learned Sessions Judge,
Sepahijala District, Sonamura in Criminal Appeal No.01 of 2024
and challenging the legality and impropriety of the order, this
revision petition is filed by the petitioner.
Heard Learned Counsel of both the sides and also
perused the record of the Learned Trial Court. Also I have gone
through the provision of erstwhile Section 320 of Cr.P.C. Sub-
Section (8) of Section 320 of Cr.P.C. provides that a composition
of an offence under this section shall have the effect of an
acquittal of the accused with whom the offence has been
compounded.
Here in the case at hand since the subject matter of
dispute has been amicably settled among the rival parties and the
respondent-complainant has been satisfied with the amount paid
by the petitioner-accused and accordingly, on the ground of
composition of offence this revision petition stands disposed of.
The petitioner-accused is hereby acquitted from the charge
punishable under Section 138 of N.I. Act and accordingly, the
judgment passed by Learned CJM, Sepahijala District, Sonamura
on 11.12.2023 in CR (NI) 12 of 2018 which has been later on
affirmed in Criminal Appeal No. 01 of 2024 accordingly stands set
aside.
Send down the record to the Learned Trial Court along
with a copy of this order.
Also supply a copy of this order to the Learned Counsel
for the petitioner for information.
Accordingly, this revision petition stands disposed of.
Pending I.A. accordingly stands disposed of.
JUDGE
PURNITA DEB DEB
Date: 2026.03.23 13:48:48
+05'30'
Purnita
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